If your green card is expiring or already has expired, you must first assess why it’s expiring and then take action. 

Permanent Residents

Residents with a ten-year green card must submit Form I-90. This is the application to renew or replace a lost or stolen Green Card and can be filed online or by mailing the application to USCIS. If your 10-year green card is expiring, you can apply for naturalization without having to renew your green card. You should contact an immigration attorney to review your eligibility to apply for US citizenship before renewing your 10-year greencard.

Conditional Residents 

Residents with a two-year green cards are “conditional” green card holders. They must submit Form I-751, Removal of Conditions Application, with supporting evidence to show that had and/or continue to have a bona fide marriage. Conditional green card holders are those who obtained their green card within less than two years of their marriage to a U.S. citizen. There are four different bases to remove conditions and obtain a permanent greencard:

• Currently Married (Jointly-filed Applications)
  • You entered into an authentic marriage and are still married to the same U.S. citizen spouse. You will need to submit evidence that you are currently still married and living together.

• Abused Spouse
  • You entered into a genuine marriage with your U.S. citizen spouse but throughout the course of the marriage you were battered or abused. You will need to provide proof that the marriage was real and that abuse took place. You do not have to be divorced from your spouse to file as an abused spouse and your spouse does not have to sign the application. 
• Divorced from Spouse
  • You can file on your own with proof that you entered into a good faith marriage with the U.S. citizen and a copy of the Divorce Decree or proof that divorce proceedings are pending. 
• Waiver based on extreme hardship
  • You can file with a waiver that proves you and your family would suffer extreme hardship if returned to your former country. 

Form I-751 must establish that the marriage was entered authentically and that the marriage, throughout its duration, is/was legitimate. Examples of evidence that may be submitted are joint bank account statements, lease agreements or property deeds and jointly filed tax returns. 

If your greencard is expiring, call us for an appointment to review your eligibility for citizenship or which grounds you can remove the conditions on your greencard to obtain the 10-year greencard. Call us at (954) 881-8820 or email at [email protected]. We look forward to assisting you.